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HomeMy WebLinkAboutRES NO 252-04RESOLUTION NO. 252-0~ A RESOLUTION DECLARING THAT BUSINESSES SELLING OR OTHERWISE DISTRIBUTING MEDICAL MARIJUANA ARE NOT PERMITTED USES. WHEREAS, Bakersfield Municipal Code § 17.08.040 provides that uses other than those specifically mentioned Title 17 as permitted uses in specific zones may be permitted only if, in the opinion of the City Council, such uses are similar to already permitted uses and are not more obnoxious or detrimental to the welfare of the community than the permitted uses. WHEREAS, in 1996, the voters passed Proposition 215, known as the "Compassionate Use Act" which authorized the use of medical marijuana for medical purposes (Health and Safety Code § 11362.5); and WHEREAS, businesses (known as medical marijuana dispensaries) have opened throughout the State of California that purport to sell or otherwise distribute marijuana to those who qualify under Health & Safety Code § 11362.5; and WHEREAS, some municipalities in California have experienced negative secondary impacts from these businesses including, but not limited to, increased crime at or near the medical marijuana dispensaries; and NOW, THEREFORE, INCORPORATING THE ABOVE RECITALS HEREIN, BE IT ORDAINED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. 2. There are no permitted uses in any zones similar in type to medical marijuana dispensaries. 3. Even if such similar uses existed, due to the negative secondary effects of medical marijuana dispensaries, such businesses are more obnoxious or detrimental to the welfare of the community than any permitted uses. 4. Medical marijuana dispensaries are not permitted uses within any zone in the City of Bakersfield. .......... 000 .......... S:\COUNClL\Resos\04~)5 Resos\MedicalMarijDispensaryReso2 doc August 27, 2004 -- Page 1 of 2 Pages -- O~ O:NAL I HEREBY CERTIFY that the foregoing Resolution was passed arkcL~dopted by the Council of the City of Bakersfield at a regular meeting thereof held on bEY 0 8 Z004, by the following vote: ABSTAIN: ABSENT: COUCH, C~'ON,ARS BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED SEP 0 8 20O4 CITY CLERK and~erk of the Council of the City of Bakersfield Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ROBERT M. SHERF~ Deputy City Attorney S:\COUNCIL\Resos\04-05 Resos\MedicalMarijDispensaryReso2.doc August 27, 2004 -- Page 2 of 2 Pages OR~G~NA'.